Deck 2: Federalism, Court Systems, and the Criminal Justice Process

Question 1

The signing of the United States Constitution signaled a new beginning to the colonies in a variety of ways. It did all but one of the following:

A) Guaranteed fundamental rights
B) Provided for the election of public officials
C) Created an autocratic system in which federal government exercised complete control
D) Empowered Congress to develop a judiciary

Answer 1

Created an autocratic system in which federal government exercised complete control

Question 2

The Judiciary Act of 1789 was an attempt to establish a strong:

A) State court system
B) Federal court system
C) Territorial court system
D) Providence court system

Answer 2

Federal court system

Question 3

There are how many federal regional circuit courts?

A) 9
B) 11
C) 13
D) 15

Answer 3

13

Question 4

There are 324 bankruptcy judges in the United States, each of whom has been appointed by the Court of Appeals for ___________ year terms per order of the Bankruptcy Amendments and Federal Judgeship Act of 1984.

A) 7
B) 9
C) 12
D) 14

Question 5

To be placed on the Supreme Court docket, a case must receive at least how many affirmative votes?

A) 4
B) 5
C) 6
D) 7

Question 6

Which of the following is not a type of state court?

A) Courts of Limited Jurisdiction
B) Courts of General Jurisdiction
C) Intermediate Appellate Courts
D) Bankruptcy Courts

Question 7

Many death row inmates have argued that the imposition of capital punishment represents cruel and unusual punishment and violates which Amendment?

A) First
B) Fourth
C) Eighth
D) Tenth

Question 8

State prosecutors are largely elected officials and known as which of the following?

A) District attorney
B) Solicitors
C) States attorney
D) All of the above

Question 9

Each and every felony defendant is entitled to an attorney as provided by case law and which Amendment to the Constitution?

A) First
B) Fourth
C) Sixth
D) Eighth

Question 10

Jury instructions, provided by the judge, include which of the following?

A) Elements of the crime
B) Burden of proof
C) Standard of proof
D) All of the above

Question 11

The appointment of a judge through the development of a list of qualified list of nominees followed by appointment and submission to the electorate is known as:

A) New Mexico plan
B) Michigan plan
C) Minnesota plan
D) Missouri plan

Question 12

Pretrial proceedings consist of all but one of the following:

A) Complaint
B) Arraignment
C) Jury selection
D) Pleas and plea bargaining

Question 13

In using the insanity plea, the defendant has to provide the burden of proof. Which of the following is not used to establish proof?

A) Model penal code test
B) Jones test
C) M'Naghten standard
D) Irresistible impulse test

Question 14

This type of affirmative defense includes an honest and reliable belief that the use of force was necessary to repel imminent and unlawful force and the force did not exceed what was necessary:

A) Insanity
B) Necessity
C) Duress
D) Self-defense

Question 15

A motion alleging a defect in instituting the prosecution or a defect in the indictment or information is:

A) A motion that must be made before trial
B) A motion that must be made after a trial started
C) A motion to suppress
D) A motion indicating corruption

Question 16

This judicial ruling requires prosecutors to share all exculpatory evidence with the defense, including any information that may tend to lesson culpability or mitigate subsequent punishment.

A) Motion to discover
B) Brady rule
C) Work-product doctrine
D) Motion to suppress

Question 17

This is the portion of a trial in which the party with the burden of proof presents its case by calling witnesses and presenting all manner of evidence to prove its case.

A) Case-in-chief
B) Motion to discover
C) Opening statement
D) Direct examination

Question 18

This type of questioning is open-ended to encourage a narrative response.

A) Cross-examination
B) Direct examination
C) Rebuttal examination
D) Victim interview

Question 19

In the federal system, felony verdicts are required to be:

A) Verified by the judge
B) Majority
C) Unanimous
D) Minority

Question 20

This type of appeal is made by the defense attorney to the trial judge.

A) Directed appeal
B) Directed verdict
C) Evidentiary appeal
D) Appellate brief

Question 21

Only the __________ may appeal a verdict, because the prosecution's appeal following a verdict of not guilty would constitute double jeopardy.

A) Judge
B) Defense
C) Victim
D) State

Question 22

The framers of the United States Constitution specifically precluded an autocratic system in which a federal government exercised complete control over the constituents of the nation.

Question 23

The Judiciary Act of 1789 established a Supreme Court with nine justices.

Question 24

The state court system is also solely responsible for the hearing of bankruptcy cases.

Question 25

The Supreme Court has original jurisdiction only in cases involving suits between states, suits involving a foreign citizen, and suits between the United States government and a state.

Question 26

There are more than 18,000 municipal, county, state, tribal, and federal law enforcement agencies in the United States.

Question 27

There are federal appellate courts or federal circuit courts in every single state including District of Columbia.

Question 28

The U.S. Supreme Court was created in Article III, Section 1 of the Constitution.

Question 29

The American system of criminal justice is based on the concept of advocacy, adversary, and justice.

Question 30

The American system of criminal justice is not accusatorial and has become an inquisitorial system.

Question 31

According to standards adopted by the American Bar Association, a prosecutor should be characterized solely as that of an advocate for the government.

Question 32

The primary role of criminal defense attorneys is to effectively and conscientiously serve as both counselor and advocate to the accused.

Question 33

Indigent defendants can be represented by either a public defender or state's attorney.

Question 34

A plea of nolo contendere means that the defendant neither admits nor disputes the charge levied against him/her.

Question 35

Plea-bargaining can happen at any stage of the court process and judges are bound by law or procedure to accept any particular plea.

Question 36

Insanity, necessity, duress, self-defense are all examples of affirmative defenses.

Question 37

A motion to suppress involves the process of exchanging information between the opposing parties.

Question 38

A grand jury is a panel of criminal justice experts selected to hear evidence of criminal allegations to determine whether sufficient probable cause exists to return a true bill.

Question 39

Voir dire is the preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.

Question 40

Because the burden of proof remains on the state, the defense attorney is required to present its case first.

Question 41

_____________ powers are those powers exercised by Congress which are not explicitly defined in the Constitution, but are "necessary and proper" to execute the powers that are.

Question 42

The Judiciary Act of _____________ was an attempt to establish a strong federal court system which could evaluate the constitutionality of state statues, doctrines, and judicial rulings when appropriate and dispense justice in matters of federal law.

Question 43

Currently, there are a total of _______ federal circuit courts.

Question 44

A petition for a writ of ____________ is defined as an appeal from a party to an appellate court to order the forwarding of court documents regarding a particular case to the higher court for review.

Question 45

According to standards adopted by the American Bar Association, a ____________ should be characterized as a minister of justice and not solely that of an advocate for the government.

Question 46

The phrase pro __________ literally means "for the public good" and means a defense attorney will work without pay to assist the indigent.

Question 47

The ____________ role may be characterized as a referee who is serving to ensure fairness and good sportsmanship between the parties.

Question 48

__________ are issued singularly to law enforcement personnel upon sworn affidavit.

Question 49

Upon arrest, a suspect is taken to a public law enforcement establishment for ___________.

Question 50

A plea of nolo ____________ means that the defendant neither admits nor disputes the charges levied against him/her.

Question 51

The _________________ standard is an affirmative defense in which individuals who did not know the nature of the act or that is was wrong.

Question 52

__________ means that an individual has been forced to do something against his or her will.

Question 53

A ____________ is a formal request to the court to perform a certain action or make a ruling in a particular matter.

Question 54

The __________ rule requires prosecutors to share all exculpatory evidence with the defense, including any information that may tend to lessen culpability or mitigate subsequent punishment.

Question 55

______________ means that the jury is physically separated from the public for the duration of the trial.

Question 56

Match up the legal jargon to the definitions :

-Alford plea

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 57

Match up the legal jargon to the definitions :

-Boykin waiver

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 58

Match up the legal jargon to the definitions :

-Castle Law

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 59

Match up the legal jargon to the definitions :

-Duty to retreat clause

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 60

Match up the legal jargon to the definitions :

-M'Naghten standard

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 61

Match up the legal jargon to the definitions :

-Pro Bono

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 62

Match up the legal jargon to the definitions :

-Rebuttal

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 63

Match up the legal jargon to the definitions :

-Rejoinder

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 64

Match up the legal jargon to the definitions :

-Voir dire

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 65

Match up the legal jargon to the definitions :

-Writ of habeas corpus

A) A portion of a self-defense statute which requires individuals to retreat involving any area outside an individual's home.
B) Individuals who did not know the nature of the act or that it was wrong.
C) A plea in criminal court that allows a defendant to assert his or her innocence but admit or acknowledge the existence of sufficient evidence to find the person guilty.
D) A portion of a self-defense statue which removes the duty to retreat before employing deadly force when one is in their home.
E) "For the public good" where a defense attorney provides services for free to the indigent.
F) An order in writing to bring a detained person before a judge to examine possible Constitutional violations.
G) A waiver required of all criminal defendants entering guilty pleas in which it must be demonstrated that they are intelligently and voluntarily waiving three important Constitutional rights.
H) The preliminary questioning of potential jurors or witnesses to ascertain competency to give or hear evidence.
I) A defendant's response to a prosecution claim during rebuttal.
J) An attempt to disprove or contradict other evidence or presumptions through the offering of countervailing proof or argument

Question 66

There are three primary courtroom actors: the judge, the prosecutor, and the defense attorney. Write a summary of their roles and responsibilities.

Question 67

There are four main federal court systems discussed in the textbook: the district court, the circuit court or appellate court, federal bankruptcy court, and the federal Supreme Court. Discuss the key characteristics of each of the federal court systems.

Question 68

As outlined in the textbook each state has exclusive jurisdiction in the areas of codification of civil and criminal law, and as such are free to design their own state court system and the state Supreme Court system. Search your home state or any of the fifty states and design a PowerPoint presentation that outlines how that state court system is organized.

Question 69

Once a trial has begun, there is a certain order in which the trial proceeds. Develop a mock mini dialog involving the prosecutor and the defense attorney from the opening statements to the closing statements. Be sure to use correct terminology.